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Can we work while our appeal is pending?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Feraferinha
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Joined: Fri Sep 23, 2016 10:33 pm

Can we work while our appeal is pending?

Post by Feraferinha » Sat Sep 24, 2016 12:29 am

Dear all, Good Evening..

If someone could please give me an advice regarding my visa application, it would very appreciated.

I am Brazilian, married to a EU citizen. We got married in November 2015, 2 months later in December 2015, I sent the application to the Home Office in order to get a resident card. On the 26th of January 2016 I received a letter from the Home Office allowing me to work in the UK while my application was being considered.

In June 2016, the application was refused. As I had the right to appeal, that's was I did.

My question is, Can I still work now? Even if the first letter is out of date.

Many Thanks.

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Can we work while our appeal is pending?

Post by Obie » Sat Sep 24, 2016 12:48 am

You are allowed to work. If your COA expires, you can apply for it to be renewed.
Smooth seas do not make skilful sailors

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Can we work while our appeal is pending?

Post by vinny » Sat Sep 24, 2016 12:57 am

Why did they refuse your application?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Can we work while our appeal is pending?

Post by Obie » Sat Sep 24, 2016 1:02 am

vinny wrote:Why did they refuse your application?
Interesting point, just incase it is one of those Bilal type cases.
Smooth seas do not make skilful sailors

Feraferinha
Newly Registered
Posts: 3
Joined: Fri Sep 23, 2016 10:33 pm

Re: Can we work while our appeal is pending?

Post by Feraferinha » Sat Sep 24, 2016 1:22 am

Many thanks for your promptly reply.

Obie, what do you mean by COA? Apologies for my lack of knowledge regarding this.

Vinny, the HO stated that my application was refused because they could not contact anyone from my husband's (who's my sponsor) workplace.

Again, thank you very much for the attention.

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Can we work while our appeal is pending?

Post by Obie » Sat Sep 24, 2016 1:24 am

COA is the documents they send you confirming your right to work. It is an acronym for Certificate of Application, issued under regulation 17 (3).
Smooth seas do not make skilful sailors

vinny
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Re: Can we work while our appeal is pending?

Post by vinny » Sat Sep 24, 2016 1:55 am

Feraferinha wrote:Vinny, the HO stated that my application was refused because they could not contact anyone from my husband's (who's my sponsor) workplace.
Very odd. It could be a simple matter of a caseworker dailing an incorrect telephone number. Should be/have been easily fixed?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Feraferinha
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Posts: 3
Joined: Fri Sep 23, 2016 10:33 pm

Re: Can we work while our appeal is pending?

Post by Feraferinha » Sat Sep 24, 2016 9:35 am

vinny wrote:
Feraferinha wrote:Vinny, the HO stated that my application was refused because they could not contact anyone from my husband's (who's my sponsor) workplace.
Very odd. It could be a simple matter of a caseworker dailing an incorrect telephone number. Should be/have been easily
Yes Vinny. We also provided the owners mobile number I don't think they even attempted that. We just sent a letter to the tribunal requesting an update letter allowing me to work.

I'm just afraid someone would come to my work and something to me ie deport me.
thank you very much Vinny.

noajthan
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Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Can we work while our appeal is pending?

Post by noajthan » Sat Sep 24, 2016 11:10 am

Feraferinha wrote:Yes Vinny. We also provided the owners mobile number I don't think they even attempted that. We just sent a letter to the tribunal requesting an update letter allowing me to work.

I'm just afraid someone would come to my work and something to me ie deport me.
thank you very much Vinny.
EU applicants don't get deported; they may be subject to administrative removal - but there is a due process to be followed for that.

You have the full weight and power of EU law behind you as your sponsor is a qualified person.
You will not and cannot be removed just because you do not possess an optional and purely confirmatory document (RC).

Whether your employer understands you still have a right to work (which you do) is another matter.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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